“The role of UNODC/TPB in CBN security”
Irka Kuleshnyk
“Towards a CBN Security Culture: developing a holistic approach”
Vienna, 24 April 2012
Resolution 1373
Security Council
Resolution 1540
& subsequent ones
Security Council
Resolutions 1267,
1988 & 1989
Security Council
16 INTERNATIONAL LEGAL INSTRUMENTS
AGAINST TERRORISM
C, B, R and/or N:
Convention on the Physical Protection of
Nuclear Material and 2005 Amendment
Maritime Protocols
Terrorist Bombings Convention
Nuclear Terrorism Convention
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United Nations Conventions
Convention on Prevention and Punishment of Crimes Against
Internationally Protected Persons – 173 States Parties
International Convention Against the Taking of Hostages – 168
States Parties
International Convention for the Suppression of Terrorist
Bombings – 164 States Parties
International Convention for the Suppression of the Financing
of Terrorism – 179 States Parties
International Convention for the Suppression of Acts of Nuclear
Terrorism – 79 States Parties
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ICAO Conventions
Convention on Offences and Certain other Acts Committed on
Board Aircraft – 185 States Parties
Convention for the Suppression of the Unlawful Seizure of
Aircraft – 185 States Parties
Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation – 188 States Parties
Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation – 171 States
Parties
Convention on the Marking of Plastic Explosives for the
Purpose of Detection – 147 States Parties
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IMO Conventions
Convention for the Suppression of Unlawful Acts against the Safety
of Maritime Navigation – 158 States Parties
+ Protocol of 2005 to the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation – 21 States
Parties
Protocol for the Suppression of Unlawful Acts against the Satety of
Fixed Platforms Located on the Continental Shelf – 146 States
Parties
+ Protocol of 2005 to the Protocol for the Suppression of Unlawful
Acts against the Safety of Fixed Platforms Located on the
Continental Shelf – 17 States Parties
5
IAEA Conventions
Convention on the Physical Protection of Nuclear Material –
144 States Parties
2005 Amendment to the Convention on the Physical
Protection of Nuclear Material
– 55 adherences (not yet in force)
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Common points to the Conventions
 Establish offences
 Require States to criminalize offences
 Establish the principle aut dedere aut judicare
= “either extradite or prosecute”
 Provide for international cooperation mechanisms
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Is the incrimination of terrorism necessary?
The Conventions
 Do not require the incrimination of the offence of “terrorism”
 Require the incrimination of certain offences independently of
terrorist motivation
The terrorist motivation may be considered as an aggravating
circumstance
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•
UNODC is a member of the Counter-Terrorism Implementation Task Force
(CTITF) Working Group on Weapons on Mass Destruction (WMD).
•
UNODC is an official observer to the Global Initiative to Combat Nuclear
Terrorism
•
TPB is working closely with other programmes of UNODC and with relevant
international organizations and other partners in assisting States in their fight
against CBRN terrorism
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UNODC/TPB programme against CBRN terrorism
UNODC/TPB has designed a four-year project framework that will:
• Promote awareness on the international legal framework and
adherence to it as a means to achieving universalization;
• Provide legal assistance for the development of an appropriate
domestic legal framework;
• Build capacity to ensure implementation of the international legal
instruments;
• Develop innovative tools to assist Member States in implementing
the international legal framework against CBRN terrorism;
• Support inter-agency coordination in the delivery of specialized
technical assistance to counter CBRN terrorism.
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Examples of past activities
•
Republic of Moldova: Legislative Drafting Workshop on illicit trafficking of nuclear and
other radioactive material (with US Department of State) (Chisinau, January 2012)
•
Indonesia: National workshop on the ratification of the Nuclear Terrorism Convention
(Jakarta, December 2011)
•
Regional Workshop on CBRN and maritime terrorism for 16 Caribbean countries,
Barbados, November 2010
•
Workshop for Central Asian Countries on Non-Proliferation and International Legal
Cooperation against CBRN Terrorism, Ashgabat, Turkmenistan, December 2009
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United Nations Office of Drugs and Crime
Terrorism Prevention Branch
Irka Kuleshnyk
P.O. Box 500
A - 1400 Vienna
Austria
Web: http://www.unodc.org
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